With the exception of capital offenses, persons charged with most other criminal charges are entitled to an amount of bail. In state court (criminal charges pending in the local county court), a schedule is maintained for the appropriate bail according to the charges faced. Each county sets the bail schedule at a different amount. While the goal is uniformity, It is not uncommon for Contra Costa county, Alameda county, San Francisco county, San Mateo county and Santa Clara county to each have different amounts for the similar charges. The initial bail amount is fixed either shortly after the arrest or at the first court appearance, generally the arraignment.
Typically, mitigating facts need to be presented in order to convince the court to lower the bail amount below the originally set amount. The attorneys at DBC have successfully handled hundreds of Bail Reduction Motions in the many years of criminal court practice. It is essential to be prepared for a Bail Reduction Hearing since only one bail motion is allowed unless there is a change of circumstances.
Some of the factors the court will consider during a bail motion are:
- Flight risk of the accused
- The seriousness of the alleged crime
- Whether the accused poses any danger to the community if released
- Employment status
- Criminal history of the accused, if any
Bondsmen charge ten percent of the entire bond to post the required bond. Most bondsmen will reduce that rate when a defendant hires private counsel.
If a 1275 hold has been placed upon the person arrested, the district attorney is requesting that the money used to pay the bondsman must be crime free. This means that the person who is paying the bondsman must show that the money used is from legitimate funds. Normally, 1275 holds are only used with drug charges and fraud charges.
The attorneys at DBC work with the bondsman to secure the proper documentation to present to the district attorney in order to get the 1275 hold lifted and allow the client to be released on bail. If no agreement can be reached with the district attorney, our attorneys are prepared to bring Motions to the court to lift the hold.